Sexual Violation by Unlawful Sexual Connection Flashcards
What is a person in relation to unlawful sexual connection?
Gender neutral offence. A person is accepted by judicial notice or proved by circumstantial evidence.
What are the ingredients of unlawful sexual connection?
Person A has unlawful sexual connection with person B if Person A has sexual connection with Person B;
(a) Without the consent of person B, and
(b) without believing on reasonable grounds that person B consented to the connection.
What is the section, act and subsection relating to unlawful sexual connection?
Section 128(1)(b) of the Crimes Act 1961
What types of connection does Section 128(1)(b) capture?
All forms of non-consensual sexual connection that do not amount to rape.
What is the definition of sexual connection.
Connection effected by the introduction to a person’s genitalia or anus, except for genuine medical purpose:
(a) A part of the body of another person, or
(b) an object held or manipulated by another person, or
(c) Connection between the mouth or tongue of one person and the genitalia or anus of another, or
(d) the continuation of connection of a kind described in paragraph (a) or paragraph (b)
What piece of case law describes genitalia?
R v Koroheke
What is the definition of genitalia, according to R v Koroheke?
Comprises of the reproductive organs, interior and exterior. Including the vulva and labia, interior and exterior, at the opening of the vagina.
According to Section 2(1A) of the Crimes Act 1961, what is penetration?
Introduction to the slightest degree is enough to effect a connection.
What is consent?
Consent is the conscious and voluntary agreement to something desired and proposed by another.
What are two case law examples relating to consent?
R v Cox and R v Gutuama.
What is R v Cox?
Consent should be full, voluntary, free and informed, freely and voluntary given by a person in a position to form a rational judgement.
What is R v Gutuama?
The crown must prove that no reasonable person in the accused shoes could have thought the complainant had been consenting.
Under Section 128A of the Crimes Act 1961, what are seven probable defences that do not amount to consent.
Not protesting or offering physical resistance to the activity.
Allowing the activity due to the application of force, implied or expressed threat of the application of force, fear of the application of force.
The complainant is asleep or unconscious.
The complainant is affected by alcohol or other drugs to the degree where they cannot consent.
The complainant is affected by a mental, intellectual or physical condition or impairment to the degree where they cannot consent or refuse to consent.
Allows the activity because of mistaken identify.
Allows the activity because they are mistaken of the nature and quality of the activity.
What is sexual violation defined?
Sexual violation is the act of a person who rapes another person, or has unlawful sexual connection with another person.
